That is the Board’s understanding as well. From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Gregory, Holly Sent: Wednesday, 27 January 2016 8:48 AM To: CCWG Accountability <accountability-cross-community@icann.org>; Mathieu Weill <mathieu.weill@afnic.fr>; thomas@rickert.net; León Felipe Sánchez Ambía <leonfelipe@sanchez.mx>; Bernard Turcotte <turcotte.bernard@gmail.com> Subject: [CCWG-ACCT] CCWG - Recommendation 1 - Final version for legal review Great question Mike, Individual ACs and SOs will be able to enforce their inspection rights through the IRP. And if the Board abuses the process by denying appropriate requests, the ACs and SOs can also petition the Empowered Community to use its escalation capabilities up to an IRP based on that abuse and potentially escalate further to enforcement and/or Board removal. Language could be added to clarify this if the CCWG-ACCT thinks helpful. Holly and Rosemary HOLLY J. GREGORY Partner and Co-Chair Global Corporate Governance & Executive Compensation Practice Sidley Austin LLP 787 Seventh Avenue New York, NY 10019 +1 212 839 5853 holly.gregory@sidley.com<mailto:holly.gregory@sidley.com> www.sidley.com<http://www.sidley.com/> [http://www.sidley.com/files/upload/signatures/SA-autosig.png]<http://www.sidley.com/> SIDLEY AUSTIN LLP From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Chartier, Mike S Sent: Tuesday, January 26, 2016 4:08 PM To: Bernard Turcotte Cc: ACCT-Staff (acct-staff@icann.org<mailto:acct-staff@icann.org>); Accountability Community Subject: Re: [CCWG-ACCT] CCWG - Recommendation 1 - Final version for legal review Thanks. I must have been wrong (Holly could set me straight). I thought a difference was the Sole Designator would be able to enforce the inspection right directly in court. From: Bernard Turcotte [mailto:turcotte.bernard@gmail.com] Sent: Tuesday, January 26, 2016 8:20 AM To: Chartier, Mike S <mike.s.chartier@intel.com<mailto:mike.s.chartier@intel.com>> Cc: Accountability Community <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; ACCT-Staff (acct-staff@icann.org<mailto:acct-staff@icann.org>) <acct-staff@icann.org<mailto:acct-staff@icann.org>> Subject: Re: [CCWG-ACCT] CCWG - Recommendation 1 - Final version for legal review Mike, Given what is proposed, individual decisional participants in the Empowered Community being able to make inspection requests (as per their own inter processes) directly to the Board, actually goes well beyond what the CCWG was originally requesting, escalation process for inspection (petition, support, community forum etc.), it was felt it was no longer necessary to provide inspection rights to the Sole Designator. Hope the answers your question. Cheers. B. On Mon, Jan 25, 2016 at 9:23 PM, Chartier, Mike S <mike.s.chartier@intel.com<mailto:mike.s.chartier@intel.com>> wrote: I must have missed in the minutes (or the meeting itself), but just for process sake, could you point me where the conclusion was reached to remove the right of inspection from the sole designator? From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org>] On Behalf Of Bernard Turcotte Sent: Monday, January 25, 2016 11:12 AM To: Accountability Community <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; ACCT-Staff (acct-staff@icann.org<mailto:acct-staff@icann.org>) <acct-staff@icann.org<mailto:acct-staff@icann.org>> Subject: [CCWG-ACCT] CCWG - Recommendation 1 - Final version for legal review All, Per the request of the co-chairs we are publishing the final draft version of Annex 1 for legal review. This version has been generated from the conclusion of the second reading document with minor edits by staff. As such you will find attached 2 versions, Word and PDF of the marked up text. Once this legal review is completed (48 hours - 16:00UTC Wednesday), results of the review will be published on this list, a final version will be generated and posted for final CCWG comments. Thank You. Bernard Turcotte ICANN Staff Support for CCWG **************************************************************************************************** This e-mail is sent by a law firm and may contain information that is privileged or confidential. If you are not the intended recipient, please delete the e-mail and any attachments and notify us immediately. ****************************************************************************************************